CCH Journal Analyzes Implications Of Anti-terror Measures For Aviation Industry

(RIVERWOODS, ILL., April 30, 2002) – The events of September 11, 2001, will continue to shape the aviation industry for years to come, according to CCH INCORPORATED (CCH), a leading provider of business, aviation and regulatory law information. In its latest report, CCH’s Issues in Aviation Law and Policy contains several timely analyses of issues related to the terror attacks of last fall, authored by leading industry figures. ($220. To order, call CCH at 1-800-449-6435 or visit the CCH Online Store at

"The goal of Issues in Aviation Law and Policy is to improve understanding and stimulate debate in order to identify and address emerging and pivotal issues in the air transportation field," said Gov. Gerald L. Baliles, Head of the International Practice Group at the law firm of Hunton & Williams, Chairman of the former National Airline Commission and editor in chief of the CCH loose-leaf journal.

"In this latest update, contributors offer both careful analysis of the challenges facing the industry and passionate advocacy of new courses of action. News stories of security lapses and delays in meeting deadlines for security improvements fall into context as one reads this timely update," Baliles added.

Costello and DeHaan: ATSA's Implications

Two articles in the latest Issues bear directly on the question of security. The magnitude of the challenges facing airlines, airports and federal agencies is made clear in The New Face of Aviation Security, by Frank J. Costello and Robert A. DeHaan of Zuckert Scoutt & Rasenberger LLP, a prominent Washington, DC law firm. The article examines the Aviation and Transportation Security Act of 2001 (ATSA).

The authors take a section-by-section look at the law and the major regulations that have been put in place thus far to implement it. In their detailed analysis, they examine the numerous changes the statute makes to the administration of aviation security, its implications for the air transportation system, and its potential impact on legal and policy issues affecting air carriers and others in the civil aviation industry.

Much of their analysis focuses on the multiple mandates placed on the Transportation Security Agency (TSA), the new federal entity within the Department of Transportation responsible for security in all modes of transportation. Costello and DeHaan point out that with a budgeted staff of 41,000 employees, the TSA will be the largest federal law enforcement agency, by a wide margin.

In a departure from past policy, the agency has already identified extensive information and records that constitute "sensitive security information" that will not be subject to Freedom of Information Act requests.

Costello and DeHaan also detail the ambitious schedule contemplated in the ATSA for "federalizing" passenger screening, training a screener workforce, implementing 100-percent baggage and cargo screening; expanding background check requirements; and enhancing flight school security, crew training, airport security and security during flight.

Quinn: Overhaul Passenger Screening

Rather than enhancing current passenger screening procedures, the U.S. must scrap them and implement a comprehensive system of registered users, one that employs elements of passenger profiling based on a perceived level of threat, says former Federal Aviation Administration Chief Counsel Kenneth P. Quinn in an article entitled Security After Insecurity: A Rational Response to 9/11.

According to Quinn, it is irresponsible and dangerous for the government to ignore the national origin characteristics of the terrorists implicated in the attacks of September 11. Similarly, Quinn asserts, the present system of searching all of the people all of the time in the same manner with frequent "random" checks wastes valuable resources by focusing its efforts on individuals who clearly are not threats.

Quinn maintains that "passenger profiling" is neither "racial profiling" nor discrimination. Instead, it merely involves assessing the clear and present threat that terrorism poses and focusing the nation's resources on eliminating the threat with the least amount of intrusion to those impacted.

Since September 11, it has become clear that the existing system was too lax, Quinn suggests. The answer, he urges, entails a significant overhaul of the current computer-assisted passenger pre-screening system (CAPPS) and implementation of a state-of-the-art trusted traveler program or "registered user" system. What is needed is a focus on clearing the "good guys" and spare time to focus intensively on the "bad guys." The system needs to not just be bigger, but smarter, more efficient and more effective.

Insurance, Victims’ Compensation, International Leadership

Additional articles in the latest report for Issues in Aviation Law and Policy that bear on other aspects of September 11 and the aviation industry include:

  • An examination of the effect of terrorist attacks on the international aviation insurance market and the efforts under way to devise a lasting solution through a number of war risk insurance initiatives under consideration worldwide by William H. Callaway, Jr., author of CCH Commercial Aircraft Transactions.
  • A thorough analysis of the September 11 Victim Compensation Fund by Kenneth P. Nolan and Jeanne M. O'Grady, two attorneys who specialize in representing victims of aviation and other disasters and who have been very active in meeting with the Fund's special master, with family groups and those directly affected by this tragedy. Both authors lost relatives and friends at the World Trade Center.
  • A review of the potential leadership role of the International Civil Aviation Organization (ICAO) in security issues as well as its traditional function of setting international standards and practices in safety and efficiency, by Ambassador Edward Stimpson, U.S. Representative to ICAO.


First published in April, 2001, Issues in Aviation Law and Policy is unique in its field, designed to follow evolving trends in the civil aviation world and make them available to a wider audience. This semiannual, loose-leaf journal presents articles and monographs from top policymakers and industry leaders who are uniquely equipped to provide valuable insights into the issues facing the world of civil aviation today and tomorrow. Issues in Aviation Law and Policy is written for the boardroom, hearing room, meeting room, think tank and legislature.

Availability and Pricing

For more information or to subscribe to Issues in Aviation Law and Policy, call CCH at 1-800-248-3248 or visit the CCH Online Store at Price for a one-year subscription is $220 and includes all articles published to date with semiannual updating.


CCH INCORPORATED, headquartered in Riverwoods, Ill., was founded in 1913 and has served four generations of business professionals and their clients. The company produces more than 700 electronic and print products for the tax, legal, securities, insurance, human resources, health care and small business markets. CCH is a wholly owned subsidiary of Wolters Kluwer U.S. The CCH web site can be accessed at The CCH business and finance group web site can be accessed at

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EDITORS NOTE: For members of the press, a complimentary review copy of Issues in Aviation Law and Policy is available by contacting Leslie Bonacum at 847-267-7153 or